Florida Statute 924.051 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 924
CRIMINAL APPEALS AND COLLATERAL REVIEW

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F.S. 924.051

924.051 Terms and conditions of appeals and collateral review in criminal cases.—

(1) As used in this section:

(a) “Prejudicial error” means an error in the trial court that harmfully affected the judgment or sentence.

(b) “Preserved” means that an issue, legal argument, or objection to evidence was timely raised before, and ruled on by, the trial court, and that the issue, legal argument, or objection to evidence was sufficiently precise that it fairly apprised the trial court of the relief sought and the grounds therefor.

(2) The right to direct appeal and the provisions for collateral review created in this chapter may only be implemented in strict accordance with the terms and conditions of this section.

(3) An appeal may not be taken from a judgment or order of a trial court unless a prejudicial error is alleged and is properly preserved or, if not properly preserved, would constitute fundamental error. A judgment or sentence may be reversed on appeal only when an appellate court determines after a review of the complete record that prejudicial error occurred and was properly preserved in the trial court or, if not properly preserved, would constitute fundamental error.

(4) If a defendant pleads nolo contendere without expressly reserving the right to appeal a legally dispositive issue, or if a defendant pleads guilty without expressly reserving the right to appeal a legally dispositive issue, the defendant may not appeal the judgment or sentence.

(5) Collateral relief is not available on grounds that were or could have been raised at trial and, if properly preserved, on direct appeal of the conviction and sentence.

(6) In a noncapital case, a petition or motion for collateral or other postconviction relief may not be considered if it is filed more than 2 years after the judgment and sentence became final, unless the petition or motion alleges that:

(a) The facts upon which the claim is predicated were unknown to the petitioner or his or her attorney and could not have been ascertained by the exercise of due diligence;

(b) The fundamental constitutional right asserted was not established within the period provided for in this subsection and has been held to apply retroactively; or

(c) The sentence imposed was illegal because it either exceeded the maximum or fell below the minimum authorized by statute for the criminal offense at issue. Either the state or the defendant may petition the trial court to vacate an illegal sentence at any time.

(7) In a direct appeal or a collateral proceeding, the party challenging the judgment or order of the trial court has the burden of demonstrating that a prejudicial error occurred in the trial court. A conviction or sentence may not be reversed absent an express finding that a prejudicial error occurred in the trial court.

(8) It is the intent of the Legislature that all terms and conditions of direct appeal and collateral review be strictly enforced, including the application of procedural bars, to ensure that all claims of error are raised and resolved at the first opportunity. It is also the Legislature’s intent that all procedural bars to direct appeal and collateral review be fully enforced by the courts of this state.

(9) Funds, resources, or employees of this state or its political subdivisions may not be used, directly or indirectly, in appellate or collateral proceedings unless the use is constitutionally or statutorily mandated.

History.—s. 4, ch. 96-248; s. 1842, ch. 97-102; s. 11, ch. 97-313; s. 19, ch. 2000-3.

F.S. 924.051 on Google Scholar

F.S. 924.051 on Casetext

Amendments to 924.051

Arrestable Offenses / Crimes under Fla. Stat. 924.051

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 924.051.

Annotations, Discussions, Cases:

Cases Citing Statute 924.051

Total Results: 20

Wallace v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-30T00:00:00-07:00

Snippet: appeal the denial of the motion to suppress. See § 924.051(4), Fla. Stat.; Fla. R. App. P 9.140(b)(2)(A);

Deon Jones v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-16T00:00:00-07:00

Snippet: , 857 So. 2d 845, 852 (Fla. 2003)); see also § 924.051(3), Fla. Stat. (2023). This rule on preservation

DEANDRAE LEON GARY v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-28T00:00:00-07:00

Snippet: 3d 926, 928 (Fla. 2021) (holding that section 924.051(3), Florida Statutes (2020), which prohibits raising

Shannon Maurice Jackson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-26T00:00:00-07:00

Snippet: cognizable in the appeal before us here. See § 924.051(4), Fla. Stat.; Leonard v. State, 760 So. 2d 114…reserved for appellate review pursuant to section 924.051(4)”). B.L. THOMAS and BILBREY, JJ., concur.

Ronald Stuyvesant Boyd v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-05T00:00:00-07:00

Snippet: relief “absent a showing of prejudice.” (citing § 924.051, Fla. Stat.)). Second, Boyd invited the error

I. R. v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-31T00:00:00-07:00

Snippet: prejudicial error occurred in the trial court.” § 924.051(7), Fla. Stat. (2022).2 In addition, that prejudicial…preserved or constitute fundamental error. 3 See § 924.051(3) (“A judgment or sentence may be reversed on…the relief sought and the grounds therefor.” § 924.051(1)(b). The error I.R. alleges here is not…Appellant’s motion for 2 Section 924.051, Florida Statutes, applies to cases involving juveniles…within the time and in the manner prescribed by s. 924.051 and the Florida Rules of Appellate Procedure .

ANDREWS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-15T00:00:00-07:00

Snippet: legal ground for the objection. See generally § 924.051(1)(b), Fla. Stat. (2022) (" 'Preserved

Frank Leija Moreno v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-13T00:00:00-07:00

Snippet: expressly reserved and legally dispositive. §§ 924.051(4); 924.06(3), Fla. Stat. (2020). Moreno did not

BRENDAN SIGISMONDI v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-12T00:00:00-08:00

Snippet: 32, 35 (Fla. 1985) (emphasis added); see also § 924.051, Fla. Stat. (2021) (" 'Preserved'

Daniel Kandler v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-06T00:00:00-08:00

Snippet: reserved for appellate review pursuant to section 924.051(4)”). Our summary affirmance is without prejudice

FLORIDA DEPARTMENT OF CORRECTIONS v. JULIANNE M. HOLT, PUBLIC DEFENDER OF THE THIRTEENTH JUDICIAL CIRCUIT AND HONORABLE SAMANTHA LEE WARD

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-29T00:00:00-08:00

Snippet: 724 So. 2d 1151, 1153 (Fla. 1998); see also § 924.051(9), Fla. Stat. (2022) ("Funds, resources,

FLORIDA DEPARTMENT OF CORRECTIONS v. JULIANNE M. HOLT, PUBLIC DEFENDER OF THE THIRTEENTH JUDICIAL CIRCUIT

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-29T00:00:00-08:00

Snippet: 724 So. 2d 1151, 1153 (Fla. 1998); see also § 924.051(9), Fla. Stat. (2022) ("Funds, resources,

D.M.T., A JUVENILE v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-05T00:00:00-07:00

Snippet: unpreserved issue constitutes fundamental error. See § 924.051(3), Fla. Stat. (2022) (“An appeal may not be taken

Reynaldo Figueroa-Sanabria v. State of Florida

Court: Fla. | Date Filed: 2023-06-29T00:00:00-07:00

Snippet: the relief sought and the grounds therefor.” § 924.051(1)(b), Fla. Stat. The argument on appeal “must

STATE OF FLORIDA v. BRYON KEITH DANIELS

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-22T23:53:00-08:00

Snippet: for appellee. PER CURIAM. Affirmed. See § 924.051(1)(b) and (3), Fla. Stat. (2021). GROSS, MAY and

Darryl Len Morgan v. State of Florida

Court: Fla. | Date Filed: 2022-11-03T00:53:00-07:00

Snippet: Legislature and in the Florida Constitution. See § 924.051(8), Fla. Stat. (2017) (“It is the intent of the

DYLAN THOMAS ROBERTS vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-14T00:00:00-07:00

Snippet: hence, it was not preserved for our review. See § 924.051(3), Fla. Stat. (2020) (requiring preservation

RAFAEL A. CARRION v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-16T00:53:00-07:00

Snippet: fundamental, explaining that pursuant to section 924.051(3), Florida Statutes, a defendant is foreclosed… Thomas appeared in a probation order, section 924.051(3) indicates that a "judgment" and an…quot;order" are to be treated alike. See § 924.051(3) ("An appeal may not be taken from a judgment… out, nothing in the plain language of section 924.051(3) would seem to preclude us from sua sponte noting… 6 DOES SECTION 924.051(3), FLORIDA STATUTES (2021), OR THE COMMON

JILLIAN SCHAEFER vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-17T00:00:00-07:00

Snippet: reserved for appellate review pursuant to section 924.051(4)”); see also Jamerson v. State, 291 So. 3d 638

Henry Martin Steiger v. State of Florida

Court: Fla. | Date Filed: 2021-11-09T23:53:00-08:00

Snippet: constitute fundamental error. § 924.051(3), Fla. Stat. 3 Section 924.051(2) states that “[t]he right…language of section 924.051(3) has remained the same since its enactment in 1996. See § 924.051(3), Fla. Stat… reasons explained below, we hold that section 924.051(3), Florida Statutes (2020), which prohibits raising…statute referenced by the First District is section 924.051(3), which prohibits a direct appeal in a criminal…showing of fundamental error required by section 924.051(3) to raise and obtain relief on direct appeal